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Monday, May 7, 2018

Medical Council of India (MCI) issued the Postgraduate Medical Education (Amendment) Regulations, 2018. = It is clear from the record that the Medical Council of India decided to make certain changes to the method of admissions to the Postgraduate Courses to arrest the blocking of seats by certain candidates which was detrimental to the interest of meritorious candidates in the All India Quota. There is material on record to suggest that devious methods were adopted by certain candidates to block the seats in the All India Quota and resign thereafter from those seats later which resulted in reversion of the All India Quota seats to the State Quota. The Medical Counselling Committee identified about thousand candidates who were indulging in such illegal practice and proposes to take action against them after a thorough inquiry. 8. There is no infringement of any legal right of the Petitioners in the change of the method of Counselling made by the notice dated 09.04.2018. Reduction of chances of admission does not entail in violation of any right. If the change in the method of Counselling was due to the circumstances mentioned above, we see no reason to interfere. Further, the Petitioners have participated in the second round of Counselling for up-gradation. We are informed that the second round of Counselling for All India Quota is completed. No interference is warranted at this stage in respect of the All India Quota. In view of the completion of the second round of Counselling of the All India Quota, we see no reason to entertain the Writ Petitions. The order dated 20.04.2018, staying the reversion of seats from the All India Quota to the State Quota is vacated. According to the schedule for online Counselling, the second round of Counselling of the State Quota should be completed by 26.04.2018. The second round of State Counselling has to be conducted after taking into account the reverted seats on completion of the second round of the All India Quota. We are informed that some States and Deemed/Central Institutions completed the second round of Counselling without waiting for the reversion of the unfilled seats in the second round of Counselling of the All India Quota. As this could not have been done, we direct that such States and Deemed/Central Institutions shall conduct the second round of Counselling again after reversion of the unfilled seats in the second round of Counselling of the All India Quota. As we have vacated the order dated 20.04.2018, the concerned authority will report the unfilled seats in the second round of the All India Counselling to the respective States by 05.05.2018. The second round of Counselling for the State Quota shall be conducted and completed by 10.05.2018. The Mop-up-round for the State Quota which is scheduled to be 7 completed by 08.05.2018 is extended to 15.05.2018.

Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Writ Petition (C) No. 357 of 2018
RACHIT SINHA & ORS.
………PETITIONER (S)
Versus
UNION OF INDIA & ORS.
……..RESPONDENT (S)
With
Writ Petition (C) No. 361 of 2018
Writ Petition (C) No.366 of 2018
Writ Petition (C) No.424 of 2018
O R D E R
1. By a Notification dated 20.02.2018, the Medical Council of India(MCI) issued the Postgraduate Medical Education (Amendment)Regulations, 2018. The admission schedule for the year
2018-2019 as per the said Regulations is as follows:-
Sr. No. Schedule for
Admission
Central
Counselling
State Counselling
All India Quota Deemed +
Central Institute
1 Conduct of
Exam
By 10th January
2 Declaration of
Result
By end of January
3 1
st Round of
Counselling
12th March –
24th March,
12th March –
24th March,
25th March –
5
th April
4 Last date of
joining
3
rd April, 3
rd April 12th April
5 2
nd round of
counselling
6
th April –
12 April
6
th April –
12th April
15th April –
26th April
6 Last date of
joining
22nd April 22nd April 3
rd May
7 Mop up Round 12th May – 4
th May –
1
22nd May 8
th May
8 Late date of
joining
26th May 12th May
9 Forwarding the
list of students
in order of merit
equalling to ten
times the
number of
vacant seats to
the Medical
Colleges by the
Counselling
Authority.
27th May 13th May
10 Last date of
joining
31st May 18th May
2. The first round of Counselling of All India Quota was completed on
07.04.2018. We are informed that the first round of Counselling
for the State quota was also completed in the first week of April,
2018. The process for the second round of Counselling for the All
India Quota commenced on 13.04.2018 and the last date for
reporting was 23.04.2018. Admission to Postgraduate Courses,
according to the Regulations, is on the basis of the merit of the
candidates in the National Eligibility-cum-Entrance Test (NEET-PG)
conducted every year. 50 per cent of the seats are earmarked for
All India Quota and the remaining 50 per cent for the State Quota.
3. On 05.04.2018, a Notification was issued by the Medical Council
of India by which Clause 9A(4) was added to the Postgraduate
Medical Education Regulations, 2000 which is in the following
terms:-
“9A(4) In order to prevent seat blocking in common Counselling
for admission to Postgraduate Courses and permissibility to
exercise fresh choice during Counselling, forfeiture of fee shall be
in accordance with the matrix contained in appendix-III.”
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4. A notice dated 09.04.2018 was issued by Medical Counselling
Committee (MCC) which conducts the Counselling for the All India
Quota in which it was clarified that a candidate who had
participated in the first round of Counselling and was allotted a
seat but did not report can participate for the second round of
Counselling as per their earlier registered details. It was also
mentioned in the said notice that the candidates who reported
after the first round of Counselling but resigned from the allotted
Institutions were also eligible to participate in the second round of
Counselling without any fresh registration/payment. The
candidates were further informed that candidates who joined in
the allotted seats after the first round of Counselling but could not
get up-gradation in the second round of Counselling shall be
allowed to resign from the first round seat within two days from
the publication of the second round results of the All India Quota
with forfeiture of fees.
5. The Petitioners in the above Writ Petitions who participated in the
first round of Counselling for the All India Quota seats for
admission to the Postgraduate Courses in medicine are aggrieved
by the changes that are made in the method of Counselling by the
notice dated 09.04.2018. The grievance of the Petitioners is that
candidates who were ineligible for the second round of
3
Counselling according to the earlier procedure were made eligible
as per the notice dated 09.04.2018. Another complaint of the
Petitioners pertains to permission granted to the allottees in the
first round of Counselling to retain their seats for two days after
the announcement of results of the second round of Counselling.
The Petitioners’ complained of their being forced to resign from
their allotted seats in the first round of Counselling.
6. By an order dated 20.04.2018, we permitted the Petitioners to
retain the seats allotted to them in the first round of Counselling.
We also stayed the reversion of the seats from the All India Quota
to the State Quota. The procedure followed for admission to
Postgraduate Courses is that there will be two rounds of
Counselling for the All India Quota. At the end of second round of
Counselling, the seats that are unfilled will be reverted to the
State Quota. The first round of the All India Quota is conducted
on the basis of merit of the candidates in the NEET-PG exam.
Doubts are expressed by several candidates regarding the
eligibility of candidates to participate in the second round of
Counselling for the All India Quota. Such doubts are cleared by
the Medical Council of India by providing answers to the
frequently asked questions. Candidates who could not secure any
seat in the first round as well as those who have secured
admission in the first round, reported/joined in the allotted
4
Institutions and submitted their willingness for participating in the
second round were eligible for the second round of Counselling.
Candidates who did not report at the allotted Institutions after the
seat allotment in the first round and those who reported and
withdrew (resigned) from Counselling at the allotted Institutions
were not eligible for the second round of Counselling. In addition,
candidates who did not opt for up-gradation and those who
became ineligible due to change of category were also not
permitted to participate in the second round of Counselling. This
was the practice followed at the time of issuance of the
Notification for admission to the Postgraduate Courses for
2018-2019. The change made by the notice dated 09.04.2018
are to the effect that even if a candidate is allotted a seat in the
first round but did not report, he would be entitled to participate
in the second round of Counselling. A candidate who had
reported but resigned was also made eligible to participate in the
second round of Counselling, contrary to the position that existed
prior to 09.04.2018. According to the Petitioners, the competition
for the second round of Counselling would increase as the above
two categories of candidates who were not eligible to participate
in the second round of Counselling earlier were permitted to
compete for admissions in the second round of Counselling. They
contend that this change should not have been made after the
5
commencement of admissions for this year.
7. It is clear from the record that the Medical Council of Indiadecided to make certain changes to the method of admissions tothe Postgraduate Courses to arrest the blocking of seats bycertain candidates which was detrimental to the interest ofmeritorious candidates in the All India Quota. There is materialon record to suggest that devious methods were adopted bycertain candidates to block the seats in the All India Quota andresign thereafter from those seats later which resulted inreversion of the All India Quota seats to the State Quota. TheMedical Counselling Committee identified about thousandcandidates who were indulging in such illegal practice andproposes to take action against them after a thorough inquiry.8. There is no infringement of any legal right of the Petitioners in thechange of the method of Counselling made by the notice dated09.04.2018. Reduction of chances of admission does not entail inviolation of any right. If the change in the method of Counsellingwas due to the circumstances mentioned above, we see noreason to interfere. Further, the Petitioners have participated inthe second round of Counselling for up-gradation. We areinformed that the second round of Counselling for All India Quotais completed. No interference is warranted at this stage inrespect of the All India Quota.
6
9. In view of the completion of the second round of Counselling ofthe All India Quota, we see no reason to entertain the WritPetitions. The order dated 20.04.2018, staying the reversion ofseats from the All India Quota to the State Quota is vacated.According to the schedule for online Counselling, the secondround of Counselling of the State Quota should be completed by26.04.2018. The second round of State Counselling has to beconducted after taking into account the reverted seats oncompletion of the second round of the All India Quota. We areinformed that some States and Deemed/Central Institutionscompleted the second round of Counselling without waiting forthe reversion of the unfilled seats in the second round ofCounselling of the All India Quota. As this could not have beendone, we direct that such States and Deemed/Central Institutionsshall conduct the second round of Counselling again afterreversion of the unfilled seats in the second round of Counsellingof the All India Quota. As we have vacated the order dated20.04.2018, the concerned authority will report the unfilled seatsin the second round of the All India Counselling to the respectiveStates by 05.05.2018. The second round of Counselling for theState Quota shall be conducted and completed by 10.05.2018.The Mop-up-round for the State Quota which is scheduled to be7completed by 08.05.2018 is extended to 15.05.2018.
Writ Petition (C) No.424 of 2018
In I.A. No.62831 of 2018 in W.P. (C) No.357 of 2018, no order is
required to be passed in view of fact that some of the Applicants
have filed Writ Petition (C) No.424 of 2018 for the same relief. Writ
Petition (C) No.424 of 2018 is disposed off in terms of the order in
Writ Petition (C) No.357 of 2018.
........................................J.
[S.A. BOBDE]